Guam – The 9th Circuit Court of Appeals has upheld the summary judgement decision reached by Guam’s Chief District Court Judge Francis Tydingco-Gatewood in Sharrock v. the United States.
The case involves a traffic accident in which plaintiff Richard Sharrock was injured when the automobile in which he was traveling on Route 1 in Sumay collided with an automobile owned and driven by Quinten McCoy, an off-duty sailor “whose negligence was conceded.”
Sharrock and his wife, Christina brought suit against the United States arguing that McCoy was acting in the line-of-duty.
Judge Tydingco-Gatewood dismissed the suit granting summary judgment for the government, and the Sharrocks appealed.
The 9th Circuit concluded:
“We conclude that a service member en route to participation in a recreational activity, where participation is encouraged by the Navy but not required, is not acting in the line of duty.”